CTA driver acquitted in case involving off-duty police officer

Jason MeisnerTribune reporter

A judge Tuesday acquitted a CTA bus driver of lying when he claimed he was beaten by an off-duty Chicago police officer after a traffic dispute two years ago.

But Criminal Court Judge James Linn had stern words for both sides, calling it a case of “flaring egos” and blasting the bus driver, Ricardo Mendoza, for being “selfish and greedy” in filing a federal lawsuit alleging the officer violated his civil rights.

“I think this is outrageous for even being in court,” Linn said before acquitting Mendoza of charges of disorderly conduct and obstruction of justice. “This case is over.”

The confrontation between Mendoza and O'Grady happened as Mendoza was driving a No. 62 Archer bus at State and Monroe Streets in September 2009. Officer Thomas O'Grady, who was off-duty and bicycling with his girlfriend, thought Mendoza had cut him off in traffic and nearly struck him.

Surveillance video showed O’Grady charging onto the bus to confront Mendoza. But while Mendoza later claimed O’Grady had punched him in the face, it was unclear if the officer threw any punches. A partition behind Mendoza obstructed the camera view of the officer's actions.

Mendoza was charged several months later after he had filed a federal lawsuit claiming O’Grady had knocked him unconscious and alleging a police conspiracy to cover it up.

Linn said it was clear from testimony during the three-day bench trial that O’Grady was “angry, profane, and giving the driver a piece of his mind,” but that nobody was hurt and it should have ended there. He said Mendoza’s supervisors pushed him to file a complaint, and “things started to take on a life of their own.”

The judge also said he was “astonished” by what Mendoza alleged in the lawsuit, which was made part of the court record.

“I see Mr. Mendoza trying to get something out of nothing,” Linn said. “It’s out of control.”

The lawsuit, which was put on hold by U.S. District Judge Amy St. Eve pending the outcome of the criminal case, seeks millions in damages. Mendoza’s attorneys said outside court that they would now move forward with that case and were weighing whether to add malicious prosecution and false arrest allegations based on Linn’s ruling.

Mendoza, 43, said he has not worked since the incident and that the felony charges have put his status as a licensed commercial driver in jeopardy.